Research On The Protection Of Labor's Rights And Interests In The Labor Dispatching Mode

In China, the labor dispatch system as a special way of employment has a history of 37 years. Labor dispatch system has many advantages, for example, can reduce labor costs, reduce the risk and promote flexible employment, labor dispatch is favored because of these advantages, the development of faster and faster, the scale of development is more and more big, but the negative problems arising in the course of its operation is also more and more, one of the most serious is to be dispatched laborers' rights and interests can not be fully protected. Our labor dispatch develops under the legal situation that is not improved Until "The labor contract law of the People's Republic of China"(here in after referred to as the "labor contract law") issued. It has changed the status of labor dispatch has been in a legal vacuum. The law defines the establishment conditions, labor dispatch agencies to send the contract period, suitable jobs and three parties rights and obligations. Since then, according to the dispatch of new problems appeared in the process of system operation, The relevant regulations of "labor contract law" has been revised and perfected. However, problems of labor dispatch for a long time, provisions on this system and the law is not perfect, the rights of dispatched workers is still subject to various disturbances, have not been effectively protected.On the triangular relationship of labor dispatch, labor and management are subject to "double employer", in a weak position, and their rights and interests are the most vulnerable to damage. Starting with the basic theories of labor dispatch, defines the connotation of labor dispatch, the analysis of the current and the dispatched employee relations to the protection of the rights and interests such as the right to equal pay for equal work closely, and the protection of the rights and interests of the right in respect of the right to know, to reveal the main problems of the dispatched workers in the protection of the rights and interests of the labor dispatch system there is in terms of labor dispatch is not standardized, unequal pay for equal work is widespread, labor safety, occupational stability is poor, the lack of security. The reason is mainly due to the imperfect laws and regulations, government supervision and workers rights awareness is not strong.This paper suggests to solve the point of safeguarding the rights and interests of the dispatched workers should focus on improving the laws and regulations, strengthen the supervision of the government, perfect the system, strengthen the staff's sense ofbelonging and strengthen labor rights protection consciousness five aspects. Hope that through this study can make the dispatched laborers rights to be fully guaranteed, obtain the dignity of labor, to achieve equal employment labor dispatch system of whole society, to create greater efficiency in the economic and social development.